Title 22 — Municipalities

§ 101. Annexation by city or town. Any city or town proposing to extend its boundaries, irrespective of any municipal charter provisions, whether such extension is proposed by action of the General Assembly or pursuant to the provisions of a home rule charter, except any proposed…

§ 101A. Annexation by large municipalities; special elections. (a) Any municipality in the State having a population in excess of 50,000, as enumerated in the most recent federal census, may extend the boundary limits of the municipality so as to include any portion of adjoining …

§ 102. Commissioners for unincorporated towns; election and powers. Every unincorporated town having more than 300 inhabitants may annually on the second Saturday in July, by a majority of the voters qualified to vote, or a majority of the voters present at the annual meeting, el…

§ 103. Street openings. No person shall open or excavate the bed of any street or highway of any city, town or village in this State for the purpose of laying or placing pipes, wires or other conductors therein without first obtaining the consent of the duly constituted authoriti…

§ 104. Selling farm products in Wilmington street markets. The City Council of the City of Wilmington shall not ordain any ordinance restricting or prohibiting farmers exposing and selling fresh meats or any other products raised and produced by the farmers and offered for sale i…

§ 105. Withdrawal or removal of property from city or town; special election; voting rights. The General Assembly shall not enact any law which removes real property from within the limits of any city or incorporated town in this State until after the question of such removal sha…

§ 106. Debt limit of cities with population in excess of 50,000. (a) All cities in the State having a population in excess of 50,000, as enumerated in the most recent federal census, which have the power to borrow money and issue negotiable bonds and notes to evidence such borrow…

§ 107. Use of eminent domain powers for federal community development programs. (a) It is found and declared that there exists in the City of Wilmington areas which, as a whole, are not slum or blighted areas, but which contain parcels that are in a deteriorated condition which i…

§ 108. Ambulance, fire and police services. Where an area of real property owned by a municipality is bounded by a wall, fence or other structure which has gates or other lockable entrances, the municipality shall notify those public agencies within the municipality which provide…

§ 109. Municipal parks; use for veterans’ services; waiver of fee. No fee shall be imposed on any recognized veterans’ service organization for the use of any municipal park or portion thereof for purposes of patriotic or memorial services; provided that advance written notificat…

§ 110. Parking spaces for use by persons with disabilities. (a) The county government of each of the 3 Delaware counties and the municipal government of each incorporated municipality within this State shall adopt regulations or ordinances regarding the duty of individuals and ar…

§ 111. Limitation on firearm regulations. (a) The municipal governments shall enact no law, ordinance or regulation prohibiting, restricting or licensing the ownership, transfer, possession or transportation of firearms or components of firearms or ammunition except that the disc…

§ 112. Fees and costs in all proceedings to collect real estate assessment taxes and water and sewer service charges. (a) The fees and costs to be assessed and collected in all proceedings to collect real estate assessment taxes and water and sewer service charges due and owed to…

§ 113. Approval of final bid at sheriff’s sale; prequalification of bidders. (a) The municipality, by and through its director of its department of finance, or the director’s designee, may approve or disapprove the final bid at a sale made by the sheriff under the monition method…

§ 114. Public advertising and notices. Notwithstanding any provision to the contrary, public advertising and notices by any municipality in the State of any nature may include use of the State’s “electronic procurement advertising system” required by § 6902(12) of Title 29 or oth…

§ 115. Construction using public financial assistance. No building or structure shall be constructed using public financial assistance in a manner that violates Chapter 42 of Title 31, and no occupancy or use permit shall be issued unless such building or structure complies with …

§ 116. Dogs. The municipal governments shall enact no law, ordinance, or regulation relating to dogs, or restrictions on dogs, based on a dog’s breed or perceived breed.81 Del. Laws, c. 31, § 3;

§ 117. Lease of public lands. The municipal governments of this State may execute and deliver, in proper form, a lease, concession agreement, easement, or license agreement for any part of the public lands owned by them, including park land and land held in a public trust. The de…

§ 118. Limitation on residency and location restrictions for sex offenders. No municipality of this State shall enact or enforce any law, ordinance, or regulation prohibiting or restricting the residency or movements of persons deemed to be a sex offender pursuant to § 4121 of Ti…

§ 119. Residential installation of electric vehicle charging station. (a) (1) The purpose of this section is to facilitate the ownership of electric vehicles. (2) This section applies to a municipality with a population of 30,000 or more, as based on the most recent federal censu…

§ 501. Findings and declaration of policy. It is determined and declared as a matter of legislative finding that: (1) Residential decentralization in incorporated cities has been accompanied by an ever increasing trend in the number of persons entering the business sections by pr…

§ 502. Definitions. As used in this chapter, unless the context requires a different meaning: (1) “Authority” means a body politic and corporate created pursuant to this chapter. (2) “Board” means the governing body of the authority. (3) “Bonds” means and includes the notes, bond…

§ 503. Method of incorporation. (a) Whenever the city council or other governing body of a city desires to organize an authority, under this chapter, it shall adopt an ordinance signifying its intention to do so. In the event that such ordinance sets forth the proposed articles o…

§ 504. Purpose and powers. (a) The authority, incorporated under this chapter, shall constitute a public body corporate and politic, exercising public powers of the State as an agency thereof and shall be known as the parking authority of the city, but shall in no way be deemed t…

§ 505. Bonds. (a) The bonds of any authority referred to and authorized to be issued by this chapter shall be authorized by resolution of the board thereof, and shall be of such series, bear such date or dates, mature at such time or times not exceeding 40 years from their respec…

§ 506. Remedies of bondholders. (a) The rights and the remedies conferred upon or granted to the bondholders in this section shall be in addition to and not in limitation of any rights and remedies lawfully granted to such bondholders by the resolution or resolutions providing fo…

§ 507. Governing body. (a) The powers of each authority shall be exercised by a board composed of not less than 5 nor more than 7 members, all of whom shall be residents or business owners within the city creating the authority. In municipalities with population greater than 50,0…

§ 508. Acquisition of lands; cost financing by municipality. The authority may acquire by purchase or eminent domain proceedings either the fee or such rights, title, interest or easement in such lands as the authority deems necessary for any of the purposes mentioned in this cha…

§ 509. Moneys; examination of accounts. All moneys of any authority, from whatever source derived, shall be paid to the treasurer of the authority. The moneys shall be deposited in the first instance by the treasurer in 1 or more banks or trust companies in 1 or more special acco…

§ 510. Contracts; competitive bidding. (a) The procurement of material and the award of contracts for construction, repairs or work of any nature made by any authority shall be subject to Chapter 69 of Title 29. (b) No member of the Board of the Wilmington Parking Authority shall…

§ 511. Rules and regulations. The use of the facilities of the authority and the operation of its business shall be subject to the rules and regulations from time to time adopted by the authority. The authority shall not do anything which will impair the security of the holders o…

§ 512. Continuation of powers. The State hereby pledges to and agrees with any person, firm or corporation or federal agency subscribing to or acquiring the bonds to be issued by the authority for the construction, extension, improvement or enlargement of any project or part ther…

§ 513. Termination of authority. When any authority shall have finally paid and discharged all bonds, which, together with the interest due thereon, shall have been secured by a pledge of any of the revenues or receipts of a project, it may, subject to any agreements concerning t…

§ 514. Exemption from taxation; payments in lieu of taxes. The effectuation of the authorized purposes of the authorities created under this chapter shall and will be in all respects for the benefit of the residents of incorporated cities for the increase of their commerce and pr…

§ 515. Transfer of existing facilities to authority. (a) Any municipality or owner may sell, lease, lend, grant or convey to any authority any project or any part or parts thereof or any interest in real or personal property which may be used by the authority in the construction,…

§ 516. Indemnification. (a) The Wilmington Parking Authority shall indemnify any member who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, by reaso…

§ 701. Establishment; membership. Any incorporated city or town may at any time establish a planning commission under this chapter. A planning commission established hereunder shall consist of not less than 5 nor more than 9 members. Such members shall in cities be appointed by t…

§ 702. Comprehensive development plan [Effective Nov. 15, 2026]. (a) A planning commission established by any incorporated municipality under this chapter shall prepare a comprehensive plan for the city or town or portions thereof as the commission deems appropriate. It is the pu…

§ 703. General studies and reports. The planning commission shall have full power and authority to make such investigations, maps and reports of the resources, possibilities and needs of the city or town as it deems desirable, providing the total expenditures of said commission s…

§ 704. Adoption of official map. Each incorporated city or town established under this title may, by action of its city council or town commissioners, adopt an official map prepared under the direction of such planning commission and showing the public ways and parks therein as t…

§ 705. Change of or addition to official map. An incorporated city or town so adopting an official map by action of its city council or town commissioners may, whenever and as often as it may deem it for the public interest, change or add to such map, so as to place thereon lines…

§ 706. Establishing or changing public ways and parks. This chapter shall not abridge the powers of the city council or the town commissioners of any town or any other municipal officer in regard to public ways or parks in any manner except as provided herein, nor shall they auth…

§ 707. Public way or park to be shown on official map. Upon final action by the proper authorities in laying out, altering or relocating a proper way or in discontinuing the whole or any part thereof or in establishing or enlarging a public park or closing thereof in whole or in …

§ 708. Reference of certain matters to planning commission. In a city or town having a planning commission established under this chapter, but which has not adopted an official map, no public way shall be laid out, altered, relocated or discontinued unless the proposed laying out…

§ 709. Entry upon lands; making examinations and surveys. Planning commissions established under this chapter, their officers and agents may, so far as they deem it necessary in carrying out this chapter, enter upon any lands and there make examinations and surveys and place and …

§ 710. Enforcement. The Court of Chancery shall have jurisdiction on petition of the planning commission established hereunder to enforce this chapter and any ordinance or bylaws made thereunder and may restrain by injunction violations thereof.22 Del. C. 1953, § 710; 49 Del. Law…

§ 711. Limitations on powers and liabilities. This chapter shall not be construed to authorize the taking of land nor the authorization of a city or town to lay out or construct any way which may be indicated on any plan or plot until such way has been laid out as a public way in…

§ 901. Authority to levy, assess and collect tax; deduction by employers. Any municipality of this State with a population in excess of 50,000 persons is hereby authorized to levy, assess and collect a tax for general revenue purposes on earned income of its residents and on any …

§ 902. Limitations. Any tax assessed within this tax shall not exceed 1.25 percent of the income of residents of such city per annum and 1.25 percent of the income of nonresidents earned within the city per annum.22 Del. C. 1953, § 902; 57 Del. Laws, c. 11; 58 Del. Laws, c. 14; 5…

§ 903. Income; definition. “Income” means the total income from whatever source earned by any resident of such city and the total income earned within such city by any nonresident of the city.22 Del. C. 1953, § 903; 57 Del. Laws, c. 11; 58 Del. Laws, c. 14.;